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Portal:Freedom of speech

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Introduction

Eleanor Roosevelt and the Universal Declaration of Human Rights (1949)—Article 19 states that "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers"

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The term "freedom of expression" is sometimes used synonymously but includes any act of seeking, receiving, and imparting information or ideas, regardless of the medium used.

Freedom of expression is recognized as a human right under article 19 of the Universal Declaration of Human Rights (UDHR) and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals".

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James Madison, author of the Report of 1800
The Report of 1800 was a resolution drafted by James Madison (pictured), arguing for the sovereignty of the individual states under the United States Constitution and against the Alien and Sedition Acts. The Virginia General Assembly adopted the Report in January 1800. The document primarily subtly amends arguments from the 1798 Virginia Resolutions, and the main reason for producing the Report was to answer criticisms that had been leveled at the Resolutions. The arguments made in the Resolutions and the Report were later used frequently during the nullification crisis of 1832, when South Carolina declared federal tariffs to be unconstitutional and void within the state. Madison, however, rejected the concept of nullification and the notion that his arguments supported such a practice. Whether Madison's theory of republicanism really supported the nullification movement, and more broadly whether the ideas he expressed between 1798 and 1800 are consistent with his work before and after this period, are the main questions surrounding the Report in the modern literature.

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Ayaan Hirsi Ali

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Hugo Black
Hugo LaFayette Black (1886 – 1971) was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme Court by President Franklin D. Roosevelt and confirmed by the Senate by a vote of 63 to 13. He was first of nine Roosevelt nominees to the Court, and outlasted all except for William O. Douglas. Black is widely regarded as one of the most influential Supreme Court justices in the 20th century. The fifth longest-serving justice in Supreme Court history, Black is noted for his advocacy of a textualist reading of the United States Constitution and of the position that the liberties guaranteed in the Bill of Rights were imposed on the states ("incorporated") by the Fourteenth Amendment. During his political career, Black was regarded as a staunch supporter of liberal policies and civil liberties. However, Black consistently opposed the doctrine of substantive due process (the anti-New Deal Supreme Court cited this concept in such a way as to make it impossible for the government to enact legislation that interfered with the freedom of business owners) and believed that there was no basis in the words of the Constitution for a right to privacy, voting against finding one in Griswold v. Connecticut. Black also endorsed Roosevelt in both the 1932 and 1936 US Presidential elections and was a staunch supporter of the New Deal.

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Norman Rockwell

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Mike Godwin
Mike Godwin, (Cyber Rights, 2003, p. 17.)

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